CASES THAT CANNOT BE FILED IN A CIVIL COURT

Section 9 of the Code of Civil Procedure empowers the Civil Courts to try all cases of a civil nature. There are a list of cases which have been held not to be of a civil nature and therefore suits in respect of these matters cannot be filed in a Civil Court. They are:

1. Right of privacy is not recognized by law and hence no suit lies to enforce such right. However where the purdah system prevails, its infringement gives right to a cause of action.
2. A suit in which the principal question is one related to caste cannot be filed in a Civil Court. Thus a suit filed by one faction of a caste against another faction of a caste for as share in property belonging to the caste is not a suit.
3. A suit to establish a dignity or honour, though attached to an office is not a civil suit. SINHA RAMANUJA VS RANGA RAMANUJA reported in AIR 1961 SC 1720.
4. A suit to pronounce on the truth of religious tenets and to regulate rites or ceremonies is outside the jurisdiction of a Civil Court. NARAYANA MUDALI VS PERIA KALATHI MUDALI reported in AIR 1939 MAD 494.
5. No suit can be filed in respect of matters to be decided by a Special Tribunal or under the authority of any Act.
6. Then there is a category of cases in respect of which the jurisdiction of the Civil Courts are impliedly barred – that is no suit can be filed in respect of the following subjects:

(i) A Civil Court has no jurisdiction to try and decide a case involving the Act of the State – which means any act done ort adopted by a state in exercise of its sovereign power which affects or injures a person who at that time is not a subject of that State. BHAVANI SHANKAR VS SOMA SUNDARA reported in AIR 1965 SC 316. These Acts of State can be grouped into two categories:

(a) Acts done by the State in pursuance of ventures which could be undertaken by any private individual – these are not acts done in exe4cise of sovereign powers and suits can be
maintained in a Civil Court;

(b) Acts done in exercise of Governmental powers under sovereign authority or delegation of such power – suits in respect of these acts cannot be filed in a Civil Court.
This is has been approved by the Supreme Court in KASTURI LAL RALIA RAM JAIN VS STATE OF U.P. reported in AIR 1965 SC 1039.

However the Mysore High Court held that the postal service of the Government of India is not a sovereign function. GOVERNMENT OF INDIA, POST AND TELEGRPAHS DEPARTMENT VS JEEVARAJ ALVA reported in AIR 1970 MYS 13.

(ii) No suit is maintainable to make a claim on the basis of a grant by an erstwhile ruler when such grant has not been accepted by the successor Government after merger. JIWAN NATH ZUTSHI VS STATE OF M.P. reported in AIR 1971 SC 744.

(iii) No suit can be filed where it would be against public policy. Thus a suit for damages for breach of an illegal contract is not maintainable. KOTESHWAR VITAF KAMATH VS RANGAPPA BALIGA AND CO reported in AIR 1969 SC 504.

There are many more cases and instances. This podcasts is intended to notice and bring out a few instances of implied bar of the jurisdiction of Civil Courts.